N.Y. Real Property Actions and Proceedings Law 796-B – Grounds for the proceeding
§ 796-b. Grounds for the proceeding. One-third or more of the tenants occupying a multiple residence dwelling or a tenant occupying a single residence dwelling or the commissioner of the department charged with enforcement of the housing maintenance code in the municipality where the dwelling is located may maintain a special proceeding as provided in this article, upon the grounds that there exists in such dwelling, or in any part thereof:
Terms Used In N.Y. Real Property Actions and Proceedings Law 796-B
- Commissioner: means the commissioner, chief supervisor or chief officer of a department. See N.Y. Real Property Actions and Proceedings Law 796
- Department: means a department, agency or office. See N.Y. Real Property Actions and Proceedings Law 796
- Municipality: means a county, city, town or village. See N.Y. Real Property Actions and Proceedings Law 796
- Owner: means the owner or owners of the dwelling, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person or entity directly or indirectly in control of a dwelling, but shall not include a receiver appointed pursuant to § 309 of the multiple dwelling law. See N.Y. Real Property Actions and Proceedings Law 796
1. a lack of heat, running water, light, electricity, adequate sewage disposal facilities, or any other condition dangerous to life, health or safety, which has existed for five days, or an infestation by rodents, or any combination of such conditions; or
2. a course of conduct by the owner or the owner's agents of harassment, illegal eviction, continued deprivation of services or other acts dangerous to life, health or safety.